Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Količina 60Bancroft-Whitney Company, 1922 |
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Pogosti izrazi in povedi
47 Mont 55 Mont 60 Mont admissible adverse possession affidavit affirmed alleged Appeal from District argued the cause Bank Bannack cause of action cause orally charged CHIEF JUSTICE BRANTLY claim Company complaint contract conviction counsel County Attorney County County Seat County Seat crime damages deceased defendant defendant's directed verdict District Court easement entitled error Evaro evidence executor facts federal fendant Fergus County filed guilt held injury instruction Judge judgment and order jurors jury land larceny Mackey Meagher county Miles City Montana Morrissey mortgage motion negligence Northern Pacific opinion order denying partnership party payment person plaintiff pleadings possession Powell County proof prosecution provisions question Quotient Verdicts railroad reason record remanded RESPONDENT reversed Revised Codes rule sheriff Silver Bow County Smith statement statute Stillwater county submitted a brief sufficient supreme court testified testimony thereof tion trial court verdict witness
Priljubljeni odlomki
Stran 290 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Stran 436 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Stran 227 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Stran 442 - A person who has been convicted of a crime or misdemeanor is, notwithstanding, a competent witness in a civil or criminal action or special proceeding ; but the conviction may be proved, for the purpose of affecting the weight of his testimony...
Stran 533 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
Stran 159 - ... 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application.
Stran 11 - ... knew, or by the exercise of ordinary care should have known, of the danger.
Stran 289 - In considering the operation of this judgment it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Stran 523 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Stran 292 - ... only establishes the claim in the same manner as if it had been allowed by the executor or administrator and the probate judge, and the judgment must be that the executor or administrator pay in due course of administration the amount ascertained to be due.